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HomeMy WebLinkAboutApril 02, 2020 - CouncilTHE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, April 2 , 2020 7:00 p.m. 6:45 p.m. Committee of Adjustment – A & A Fehr 7:30 p.m. – Public Meeting – Planning – Johann & Mary Thiessen 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held March 19, 2020 B. Statutory Planning Meeting held March 19, 2020 re Agostino & Julie Cipolla. 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-Law Amendment – A & A Fehr 2020 Council Agenda April 2, 2020 2 B. Notice of Public Meeting re Proposed Zoning By-law Amendment – Johann & Mary Thiessen, 55866 First Street C. Notice of Public Meeting re Proposed Zoning By-law Amendment – Susan & Manfred Hermann, 57237 Heritage Line D. Notice of Public Meeting re Proposed Zoning By-law Amendment – Graham Estates Inc. (Legend Rubber), 56957 Talbot Line E. Notice of Public Meeting re Proposed Zoning By-law Amendment – Long Point Region Conservation Authority (Big Otter Marina & Campground), 5 Bridge Street F. Norfolk County re Issues regarding the mapping of Provincially Significant Wetlands (PSWs) G. IBI Memorandum dated March 25, 2020 re Provincial Policy Statement (PPS) 2020 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-29/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – Cipolla, Zoning By-law Z706-2020 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. County of Elgin Minutes of Meeting held March 10, 2020 B. Municipality of Bayham – Sale of Surplus Equipment Notice C. Town of Tillsonburg re T:GO Postponement 11.1.2 Requiring Action 11.2 Reports to Council 12. BY-LAWS A. By-Law No. Z706-2020 Being a by-law to further amend By-Law No. Z456-2003 – Cipolla (This by-law follows the recommendation in Report DS-29/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of April 2, 2020) B. By-Law No. 2020-027 Being a by-law to authorize the execution of a Development Agreement with Abraham and Anita Fehr (This by-law follows the recommendation in Report DS-28/20 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the Committee of Adjustment meeting of April 2, 2020) 13. UNFINISHED BUSINESS 2020 Council Agenda April 2, 2020 3 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (LPRCA Permit Application) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-028 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 19, 2020 7:00 p.m. 7:30 p.m. – Public Meeting – Planning A. Agostino & Julie Cipolla, 58183 Calton Line PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE SUSAN CHILCOTT ABSENT: COUNCILLOR C. VALERIE DONNELL STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. By-Law No. 2020-023 Being a by-law to amend the Rates & Fees By-law – T:GO Fares added as Item 12.F 4. ANNOUNCEMENTS A. Mayor Ketchabaw made a statement about working to flatten the curve in relation to COVID-19 and staying informed through reputable information sources like Southwestern Public Health, the Province of Ontario and the Federal Government. 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held March 5, 2020 B. Statutory Planning Meeting held March 5, 2020 re C.H.R. Farms Ltd. C. Statutory Planning Meeting held March 5, 2020 re Cornelius & Helena Reimer 2020 Council Minutes March 19, 2020 2 D. Statutory Planning Meeting held March 5, 2020 re Isaac Michael & Annie Reimer Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the minutes of the Regular Meeting held March 5, 2020, Statutory Planning Meeting re C.H.R. Farms Ltd., Statutory Planning Meeting re Cornelius & Helena Reimer, and Statutory Planning Meeting re Isaac Michael & Anne Reimer held March 5, 2020 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information A. Ministry of the Solicitor General re Emergency Management and Civil Protection Act (EMCPA) – 2019 Compliance Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT correspondence items 9.1.1-A be received for information. CARRIED 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-Law Amendment – Agostino & Julie Cipolla, 58183 Calton Line B. Ministry of Municipal Affairs and Housing re Provincial Policy Statement, 2020 2020 Council Minutes March 19, 2020 3 C. Notice of Public Meeting re Proposed Zoning By-law Amendment – Johann & Mary Thiessen, 55866 First Street Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT correspondence items 10.1.1-A – 10.1.1-C be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-26/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – C H Reimer, Zoning By-law Z703-2020, Development Agreement By-law 2020-019 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-26/20 regarding the C H Reimer rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held March 5, 2020 associated with this application, there were no written submissions and no oral presentations regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Cornelius and Helena Reimer identified as Concession 5 Lots 16 & 17 from Agricultural (A1-A) to site-specific Agricultural (A1-A-33) Zone to permit a maximum of three supplementary farm dwellings in the form of two mobile trailers and one existing building to accommodate seasonal farm labourers; AND THAT Zoning By-law Z703-2020 and By-law 2020-019 be presented to Council for enactment. CARRIED B. Report DS-27/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application – CHR Farms Ltd. Zoning By-law Z704-2020, Development Agreement – By- law 2020-020 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler 2020 Council Minutes March 19, 2020 4 THAT Report DS-27/20 regarding the CHR Farms Ltd. rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held March 5, 2020 associated with this application, there were no written submissions and no oral presentations regarding this matter and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456 -2003, as amended, be further amended by changing the zoning on the lands owned by CHR Farms Ltd. identified as Concession 4 Lot 18 from Agricultural (A1-A) to site -specific Agricultural (A1-A-34) Zone to permit up to three supplementary farm dwellings in portions of two existing buildings to accommodate seasonal farm labourers; AND THAT Zoning By-law Z704-2020 and By-law 2020-020 be presented to Council for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Long Point Region Conservation Authority minutes of meeting held February 5, 2020 B. Long Point Region Conservation Authority re 2019 audited Financial Statements & 2019 Annual Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT correspondence item 11.1.1-A – 11.1.1-B be received for information. CARRIED 11.1.2 Requiring Action A. Elgin County re Recruitment of Members for the Terrace Lodge Redevelopment Fundraising Committee Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT correspondence from Elgin County re Recruitment of Members for the Terrace Lodge Redevelopment Fundraising Committee be received for information. CARRIED 2020 Council Minutes March 19, 2020 5 11.2 Reports to Council A. Report CAO-12/20 by Paul Shipway, CAO|Clerk re Municipal Assistance - Bayham Beachfest Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-12/20 re Municipal Assistance – Bayham Beachfest be received for information; AND THAT the Council of the Municipality of Bayham grants permission to use the following locations:  Pitt Street from 20 Pitt Street to Robinson Street Port Burwell including Marine Museum Parking Lot for Bayham Beachfest activities on Saturday August 1, 2020 from 10:00 a.m. – 10:00 p.m. and Sunday, August 2, 2020 from 10:00 a.m. to 6:00 p.m.;  Chatham Street Green Space for Bayham Beachfest activities on Saturday, August 1, 2020 from 10:00 a.m. – 5:00 p.m. and Sunday, August 2, 2020 from 10:00 a.m. – 8:00 p.m.;  Port Burwell Pier for fireworks display and two (2) parking spaces near the Pier for equipment on Sunday, August 2, 2020 from 4:00 p.m. – 11:00 p.m.; AND THAT Bayham Beachfest provide a certificate of insurance, naming the Municipality of Bayham as an additional insured, in the minimum amount of $2 million liability, covering all events; AND THAT the Bayham Beachfest Fireworks Company provide a certificate of insurance, naming the Municipality of Bayham as an additional insured, in the minimum amount of $2 million liability, covering all events; AND THAT Bayham Beachfest obtain the necessary approvals from Southwestern Public Health, the Ontario Provincial Police and the Bayham Fire Chief, as per the Municipal Event Notice and provide a copy of the same to the Municipality of Bayham; AND THAT all other terms and conditions of the municipal rental agreement remain in effect; AND THAT the clean-up of the event areas and any costs thereof, be the responsibility of the organizers; AND THAT arrangements be made with the Municipality of Bayham Roads Operations Supervisor to provide picnic tables, garbage cans / recycle barrels, pylons and barricades for the pier; AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event. CARRIED 2020 Council Minutes March 19, 2020 6 12. BY-LAWS A. By-Law No. Z703-2020 Being a by-law to further amend By-Law No. Z456-2003 – C H Reimer (This by-law follows the recommendation in Report DS-26/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of March 19, 2020) B. By-Law No. Z704-2020 Being a by-law to further amend By-Law No. Z456-2003 – CHR Farms Ltd. (This by-law follows the recommendation in Report DS-27/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of March 19, 2020) C. By-Law No. 2020-019 Being a by-law to authorize the execution of a Development Agreement with C H Reimer (This by-law follows the recommendation in Report DS- 26/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of March 19, 2020) D. By-Law No. 2020-020 Being a by-law to authorize the execution of a Development Agreement with CHR Farms Ltd. (This by-law follows the recommendation in Report DS- 27/20 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of March 19, 2020) E. By-Law No. 2020-021 Being a by-law to authorize the execution of an Extension Agreement with Affordable Portables (This by-law extends Agreement No. 0602 as authorized by By-law No. 2016-109) F. By-Law No. 2020-023 Being a by-law to amend the Rates & Fees By-law – T:GO Fares Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT By-Law No. Z703-2020, Z704-2020, 2020-019, 2020-020, 2020-021 and 2020-023 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council do now rise to enter into an “In Camera” Session at 7:34 p.m. to discuss: 2020 Council Minutes March 19, 2020 7 • personal matters about an identifiable individual, including municipal or local board employees • labour relations or employee negotiations CARRIED A. Confidential Report regarding personal matters about an identifiable individual, including municipal or local board employees and labour relations or employee negotiations (Human Resources) 14.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council do now rise from the “In Camera” session at 8:30 p.m. with nothing to report. CARRIED B. Application of Penalty – Tax & Water/Wastewater Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT notwithstanding By-law No. 2019-025, the Rates & Fees By-law, the Treasurer be authorized and directed to defer the imposition of all new penalties and/or interest on all property tax and water/wastewater utility accounts for non-payment or late payment until April 30, 2020; it being noted that such deferral is being taken in response to the current COVID-19 Coronavirus pandemic. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2020-022 Being a by-law to confirm all actions of Council Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Confirming By-Law No. 2020-022 be read a first, second and third time and finally passed CARRIED 2020 Council Minutes March 19, 2020 8 16. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council meeting be adjourned at 8:40 p.m. CARRIED MAYOR CLERK THE CORPOR ATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 19, 2020 7:30 p.m. Agostino & Julie Cipolla, 58183 Calton Line PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS DAN FROESE SUSAN CHILCOTT ABSENT: COUNCILLOR C. VALERIE DONNELL STAFF PRESENT: CAO|CLERK PAUL SHIPWAY DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Agostino Cipolla 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:30 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by Agostino & Julie Cipolla to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by Agostino & Julie Cipolla The purpose of the public meeting is to change the zoning on a 37.5 ha (92.7 acre) parcel of land from an Agricultural (A1) zone to a site-specific Agriculture (A1-XX) zone to permit kennel use in addition to the permitted uses in the A1 zone, in Zoning By-law Z456-2003. The subject lands are located at 58183 Calton Line, south side, west of County Road 55. 2 Statutory Planning Minutes March 19, 2020 The effect of the by-law will be to allow a dog boarding and grooming kennel in an existing building as a secondary use. 5. PUBLIC PARTICIPATION Mr. Agostino provided an overview of the planning application. 6. CORRESPONDENCE None. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Zoning By-law be considered at the meeting scheduled for April 2, 2020; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application Agostino & Julie Cipolla is now complete at 7:32 p.m. CARRIED MAYOR CLERK NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: A & A FEHR TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-01/20). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday April 2nd, 2020 at 6:45 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from Section 5.1 – Permitted Uses in the Agricultural (A1) Zone on a 33.5 ha (82.7 acres) parcel of land located in Part Lot 6, Concession 9 on the east side of Culloden Road, north of Eden Line, and known municipally as 11010 Culloden Road. THE EFFECT of this variance will be to permit a maximum of two (2) mobile homes to a maximum combined floor area of 135 m2 (1,450 ft2) as supplementary farm dwellings on an agricultural lot in accordance with Section 2.1.10 of the Official Plan. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 20th day of March 2020. Margaret Underhill Planning Coordinator / Deputy Clerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: JOHANN & MARY THIESSEN 55866 FIRST STREET TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 2, 2020 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is amendment to change the zoning regulations on a 994 m2 (0.2 acre) parcel of land from Village Residential (R1) zone to site-specific Village Residential (R1-XX) zone to permit front yard setback for the existing dwelling of 1.8 m (6 feet) where the permitted maximum is 7.0 m (22.9 feet); to permit existing accessory building floor area of 120 m2 (1,291 ft2) where the permitted maximum is 65 m2 (700 ft2) in the HR zone; and, to permit existing accessory building height of 5.5 m (18 feet) where the permitted maximum is 4.5 m (14.7 feet), in Zoning By-law Z456-2003. The subject lands are located at 55866 First Street, north side, east of West Street. THE EFFECT of this By-law will be to fulfill conditions of Consent Application E90/19 to rezone the retained lands comprising existing dwelling reduced front yard setback and oversized (combined floor area and height) accessory building. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 13th day of March 2020. Village of Straffordville Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: SUSAN AND MANFRED HERMANN, 57237 HERITAGE LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 16, 2020 at 7:15 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is an amendment to change the zoning regulations on 0.09 m² (1.0 ft2) of land from Rural Residential (RR) to Special Agriculture (A2); to change the zoning regulations on 1,574 m2 (0.3 acres) of land and from Special Agricultural (A2) to Rural Residential (RR); and to change the zoning regulations on 10.9 ha (27 acres) of land from Special Agricultural (A2) to Agricultural (A1-A) in Zoning By- law Z456-2003. The subject lands are located at Lot 129, Concession S.T.R, known municipally as 57237 Heritage Line, south side, east of Toll Gate Road. THE EFFECT of this By-law will be to fulfill conditions of consent, applications E83/19, E84/19 and E85/19, for zone change for two lot additions, one for technical severance of “1 foot by 1 foot” from the RR lands to the A2 lands and a second for residential lot addition from the A2 lands to the RR lands, consistent to the addition lands; and severance of the farm parcel to zone a portion of the retained lands consistent to the remainder of the retained lands. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 27th day of March 2020. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: GRAHAM ESTATES INC., (LEGEND RUBBER) 56957 TALBOT LINE TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 16, 2020 at 7:15 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning on 2.6 ha (6.6 acres) of land from an Agricultural (A1-A) zone and Rural Commercial (RC) Zone to a site-specific Rural Industrial (M2- XX) zone to recognize industrial use and to permit maximum building floor area of 8,450 m2 (90,955 ft2) in Zoning By-law Z456-2003. The subject lands are located at 56957 Talbot Line, south side, west of Green Line. THE EFFECT of this By-law will be to recognize the manufacturing and warehouse business and to permit additional floor area of 4,065 m2 (43,755 ft2) for a new warehouse building and future floor area of 2,129 m2 (22,916 m2) for building replacement/addition. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 27th day of March 2020. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: LONG POINT REGION CONSERVATION AUTHORITY, 5 BRIDGE STREET TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 16, 2020 at 7:15 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning on 7.8 ha (19.3 acres) of land from a Village Commercial (C3), holding Village Commercial (C3(h2)) and Open Space 1 (OS1) zone to a site-specific Tourist Commercial (C3-XX) Zone to combine the lands under one zone for the travel trailer park, campground and marina use; to permit partial reduced rear yard setback of 1.0 m (3.2 ft) where 10.0 m (32.8 ft) is the required minimum; to permit zero (0) side yard setback (south); and, to permit an existing boathouse building located on both the subject lands and the adjacent marina lands, in Zoning By-law Z456-2003. The subject lands are located at 5 Bridge Street, north side, west of Robinson Street. THE EFFECT of this By-law will be to recognize the existing uses of the subject lands and existing non-conforming setbacks (south side yard and rear) and encroaching boathouse building (on the subject lands and adjoining unpatented lands forming part of the marina use) as part of redevelopment/expansion with an additional 47 semi-permanent seasonal trailer park sites and relocating existing semi-permanent seasonal travel trailer park sites outside of the flood zone. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Local Planning Appeal Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 27th day of March 2020. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca Village of Port Burwell March 1, 2020 Ontario Municipalities Dear Heads of Council and Councillors: Re: Issues regarding the mapping of Provincially Significant Wetlands (PSWs) Norfolk County Council is working to address significant issues that have come to our attention regarding the mapping of Provincially Significant Wetlands (PSWs). Following the Ministry’s updated mapping related to PSWs, the County updated its Official Plan to bring its policies in line with the new mapping. Following that, the County planning staff introduced a Zoning By-Law amendment to update the zoning to reflect the new mapping and to provide consistency between the Zoning By-Law and the Official Plan. Though the mapping is wholly outside the County’s process and control, the zoning by-law amendment was not approved by Council, flowing from significant public concern about the updated mapping affecting people’s properties. In some cases, some of these changes were very significant. The County submitted comments to the province as part of the review of the Provincial Policy statement requesting that the process for PSW mapping be significantly improved to allow for transparency and better land owner engagement, including, for example, a right of appeal or formal dispute resolution process. This will allow for land owners to be properly informed and engaged where land use designations that affect their property may result. The current process appears to be severely underfunded and without any meaningful way for affected residents to engage. The County is seeking support from other rural municipalities who may be affected by this to address this issue with the province. Thank you for your consideration of this matter. Yours Truly, Mayor Kristal Chopp Norfolk County cc. The Honourable Steve Clark, Minister of Municipal Affairs and Housing IBI GROUP 203 – 350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 ibigroup.com Memorandum To/Attention Municipality of Bayham, c/o Paul Shipway, CAO Date March 25, 2020 From Paul Riley, CPT Project No 3404-758 cc William Pol, RPP, MCIP Subject Provincial Policy Statement 2020 Review of Changes This memo responds to the Municipality of Bayham request to review changes to the updated Provincial Policy Statement (PPS 2020) which will be in force and effect May 1, 2020. The PPS 2020 provides policy direction on matters of provincial interest related to land use planning and development. This review will identify the impact on the Municipality and recommend any necessary changes to the Municipality’s planning documents. The attached Appendix 1 includes a copy of all the changes to the PPS. In summary, none of the changes to the PPS 2020 require Official Plan amendments by the Municipality to be consistent with the PPS. Effectively, the changes create more flexibility in policies for the Municipality to provide housing choices, change settlement boundaries, respond to land use compatibility, support the agricultural network and address climate change. The following paragraphs comment on these items. PPS 2020 Parts I - IV The first four parts of the PPS 2020 include the Preamble, Legislative Authority, How to Read the Provincial Policy Statement and Vision for Ontario’s Land Use Planning System. The PPS 2020 changes have moved a significant amount of Part V, Section 4.0 to the Parts I-IV. The changes are generally related to revised direction on inter-relationship of Provincial Plans and the PPS and revised relationships between municipalities and Indigenous communities. Bayham is not within any Provincial Plan areas and does not have any Indigenous lands within the Municipality, therefore, no amendments to the Bayham Official Plan policies are recommended. PPS 2020 Part V Policies There were several significant changes to Part V in regard to land supply, settlement area boundary adjustments, land use compatibility, housing options, agriculture and health and safety. The following sections provide the specific changes shown in italics. New added text is shown underlined and deleted text has a strikethrough. Comments on the changes are shown in standard text. IBI GROUP MEMORANDUM Municipality of Bayham, c/o Paul Shipway, CAO – March 25, 2020 2 Land Supply 1.1.2 Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 20 25 years, informed by provincial guidelines. Nothing in policy 1.1.2 limits the planning for infrastructure and, public service facilities and employment areas beyond a 2025-year time horizon. Municipalities now have the flexibility to increase their land supply and land supply mix for an additional five years. The policies and land use designations included in Bayham’s Official Plan have been prepared to guide development for a ten-year period between 2018 and 2028. There was an adequate supply of land available for population growth identified through the Official Plan Five-Year Review. No amendments to the Official Plan are recommended. Settlement Area Boundary Adjustments 1.1.3.9 1.1.3.9 Notwithstanding policy 1.1.3.8, municipalities may permit adjustments of settlement area boundaries outside a comprehensive review provided: a) there would be no net increase in land within the settlement areas; b) the adjustment would support the municipality’s ability to meet intensification and redevelopment targets established by the municipality; c) prime agricultural areas are addressed in accordance with 1.1.3.8 (c), (d) and (e); and, d) the settlement area to which lands would be added is appropriately serviced and there is sufficient reserve infrastructure capacity to service the lands. This is a new section which provides flexibility for municipalities to make changes to settlement area boundaries outside of a comprehensive review to the Official Plan. According to criteria 1.1.3.9 a) above, this does not permit adding land to settlement areas but land can be “swapped”. For instance if it is easier to extend services in one area just outside the settlement area than lands within it would make sense to adjust the settlement area to accommodate growth. No amendments to Bayham Official Plan policies are recommended. Land Use Compatibility 1.2.6 Land Use Compatibility 1.2.6.1 Major facilities and sensitive land uses should shall be planned to ensure they are appropriately designed, buffered and/or separated from each other and developed to prevent avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures. IBI GROUP MEMORANDUM Municipality of Bayham, c/o Paul Shipway, CAO – March 25, 2020 3 1.2.6.2 Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations; c) adverse effects to the proposed sensitive land use are minimized and mitigated; and d) potential impacts to industrial, manufacturing or other uses are minimized and mitigated. The changes to land use compatibility provide more flexibility for municipalities to protect the long-term operational and economic interests of major facilities. New policy 1.2.6.2 adds specific policy direction to protect major facilities / industrial and manufacturing uses from sensitive uses. Additional flexibility is important to note in future land use planning applications and Official Plan reviews. No amendments to Bayham’s Official Plan policies are recommended. Housing Options 1.4 Housing 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing types options and densities to meet projected requirements market-based and affordable housing needs of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households and which aligns with applicable housing and homelessness plans. …” b) permitting and facilitating: 1. all forms of housing options required to meet the social, health, economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities; and 2. all forms types of residential intensification, including second additional residential units, and redevelopment in accordance with policy 1.1.3.3; e) “requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations;” The change from housing “forms\types” to housing “options” is intended to recognize changes to both the look of housing as well as the tenure or ownership of the housing. New definitions have been added to describe this change. The changes will make it easier to provide a variety of housing options to meet community needs. IBI GROUP MEMORANDUM Municipality of Bayham, c/o Paul Shipway, CAO – March 25, 2020 4 1.7 Long-Term Economic Prosperity 1.7.1 b) encouraging residential uses to respond to dynamic market-based needs and provide necessary housing supply and range of housing options for a diverse workforce; This change continues the theme of providing for a range and mix of residential uses to respond to market-based needs. No amendments to the Bayham Official Plan are recommended. Agriculture The PPS 2020 introduces the concept of the “agricultural system” and “agricultural network”. The following changes to Section 1.7 and Section 6.0, new definitions, are relevant: 1.7 Long-Term Economic Prosperity c) optimizing the long-term availability and use of land, resources, infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities; i) (some of h and i combined/revised) sustaining and enhancing the viability of the agricultural system through protecting agricultural resources, minimizing land use conflicts, providing opportunities to support local food, and promoting maintaining and improving the sustainability of agri- food and agriproduct businesses by protecting agricultural resources, and minimizing land use conflicts network; j) promoting energy conservation and providing opportunities for development of renewable increased energy systems and alternative energy systems, including district energy supply; 2.3.2 Planning authorities are encouraged to use an agricultural system approach to maintain and enhance the geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network.” 6.0 Definitions Agricultural System: A system comprised of a group of inter-connected elements that collectively create a viable, thriving agricultural sector. It has two components: a) An agricultural land base comprised of prime agricultural areas, including specialty crop areas, and rural lands that together create a continuous productive land base for agriculture; and b) An agri-food network which includes infrastructure, services, and assets important to the viability of the agri-food sector. IBI GROUP MEMORANDUM Municipality of Bayham, c/o Paul Shipway, CAO – March 25, 2020 5 Agri-food network: Within the agricultural system, a network that includes elements important to the viability of the agri-food sector such as regional infrastructure and transportation networks; on-farm buildings and infrastructure; agricultural services, farm markets, distributors, and primary processing; and vibrant, agriculture-supportive communities. The intent of these new agricultural themes is to recognize the entirety of the agricultural economy as a system and network rather than individual sectors. The new policies further protect and recognize the agricultural resource economy and ensure the viability of the entire agricultural sector. No amendments to Bayham Official Plan policies are recommended. Health and Safety / Climate The PPS 2020 adds a policy related to mitigating potential risk from a changing climate. The following policy has been added to emphasis the need for various stakeholders to work together to mitigate increasing risk. Section 3.0 Protecting Public Health and Safety “Mitigating potential risk to public health or safety or of property damage from natural hazards, including the risks that may be associated with the impacts of a changing climate, will require the Province, planning authorities, and conservation authorities to work together.” 3.1.3 Planning authorities shall consider prepare for the potential impacts of a changing climate change that may increase the risk associated with natural hazards. 6.0 Definitions Defined portions of the one hundred year flood level flooding hazard along connecting channels: means those areas which are critical to the conveyance of the flows associated… The PPS 2020 changes “climate change” to “impacts of a changing climate”. The only change to flooding hazard was to remove reference to “one hundred year flood level”. No amendments to the Bayham Official Plan policies are recommended. Conclusion The PPS 2020 changes do not require amendments to the Municipality of Bayham Official Plan at this time. Any changes will be considered through the Five Year Official Plan review. Several changes noted above are important to note, such as the system and network approach to the agricultural sector, added flexibility to housing, land use compatibility and settlement area boundaries. Future site specific Official Plan amendments will consider these changes as required. Appendix 1 PPS 2020 Update The following excerpts represent the Provincial Policy changes from the 2014 PPS. Strike through indicates deleted text and underline indicates new text. Part 1: Preamble New paragraph 4 and new sentence in (now) paragraph 5 Municipal official plans are the most important vehicle for implementation of this Provincial Policy Statement and for achieving comprehensive, integrated and long-term planning. Official plans shall identify provincial interests and set out appropriate land use designations and policies. … suitable areas. In order to protect provincial interests, planning authorities shall keep their official plans up-to-date with this Provincial Policy Statement. Four sections/paragraphs - 4.7, 4.8, 4.10, 4.13 - moved from 4.0 Implementation and Interpretation Official plans should also coordinate cross-boundary matters to complement the actions of other planning authorities and promote mutually beneficial solutions. Official plans shall provide clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas. … Zoning and development permit by-laws are also important for implementation of this Provincial Policy Statement. Planning authorities shall keep their zoning and development permit by-laws up-to-date with their official plans and this Provincial Policy Statement. Land use planning is only one of the tools for implementing provincial interests. A wide range of legislation, regulations, policies and programs may also apply to decisions with respect to Planning Act applications and affect planning matters, and assist in implementing these interests. Within the Great Lakes – St. Lawrence River Basin, there may be circumstances where planning authorities should consider agreements related to the protection or restoration of the Great Lakes – St. Lawrence River Basin. Examples of these agreements include Great Lakes agreements between Ontario and Canada, between Ontario and Quebec and the Great Lakes States of the United States of America, and between Canada and the United States of America. Part II: Legislative Authority Moved paragraph from Section 4, subsection 4.2 Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government “shall be consistent with” this Provincial Policy Statement. Part III: How to Read Provincial Policy Statement Subsection 7 “Relationship with Provincial Plans” new paragraph 1 and paragraph 4 The Provincial Policy Statement provides overall policy directions on matters of provincial interest related to land use planning and development in Ontario, and applies province-wide, except where this policy statement or another provincial plan provides otherwise. Provincial plans, such as the Greenbelt Plan, the A Place to Grow: Growth Plan… Where the policies of provincial plans address the same, similar, related, or overlapping matters as the policies of the Provincial Policy Statement, applying the more specific policies of the provincial plan satisfies the more general requirements of the Provincial Policy Statement. In contrast, where matters addressed in the Provincial Policy Statement do not overlap with policies in provincial plans, the policies in the Provincial Policy Statement must be independently satisfied. Part IV: Vision for Ontario’s Land Use Planning System Paragraph 3 Ontario The Province’s rich cultural diversity is one of its distinctive and defining features. The Provincial Policy Statement reflects Ontario's diversity Indigenous communities have a unique relationship with the land and its resources, which includes continues to shape the histories history and cultures economy of Aboriginal peoples, and is based on good land use planning principles that apply in communities across Ontario the Province today. Ontario recognizes the unique role Indigenous communities have in land use planning and development, and the contribution of Indigenous communities’ perspectives and traditional knowledge to land use planning decisions. The Province recognizes the importance of consulting with Aboriginal communities on planning matters that may affect their rights and interests section 35 Aboriginal or treaty rights. Planning authorities are encouraged to build constructive, cooperative relationships through meaningful engagement with Indigenous communities to facilitate knowledge-sharing in land use planning processes and inform decision-making. Paragraph 4 …public health and safety. Planning authorities are encouraged to permit and facilitate a range of housing options, including new development as well as residential intensification, to respond to current and future needs. Paragraph 5 …water and other resources. They also permit better adaptation and response to the impacts of a changing climate, which will vary from region to region. Paragraph 6 … and social impacts provide for recreational opportunities (e.g. fishing, hunting and hiking) Paragraph 7 … safety of the population, including preparing for the impacts of a changing climate. Part V: Policies Section 1.1.1 b) accommodating an appropriate affordable and market-based range and mix of residential types (including second single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; e) promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities and older persons by identifying, preventing and removing addressing land use barriers which restrict their full participation in society; g) ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and h) promoting development and land use patterns that consider biodiversity; and consider the impacts of a changing climate. I) (new) preparing for the regional and local impacts of a changing climate. Section 1.1.2 … horizon of up to 20 25 years, informed by provincial guidelines. Nothing in policy 1.1.2 limits the planning for infrastructure and, public service facilities and employment areas beyond a 2025-year time horizon. Section 1.1.3 Settlement Areas second paragraph - The vitality and regeneration of settlement areas… 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. 1.1.3.2 revised entire section by way of adding a) into first sentence; converted a) 1-6 into letters; and removed /revised b): Land use patterns within settlement areas shall be based on:a. densities and a mix of land uses which: 1.a) efficiently use land and resources; 2.b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; 3.c) minimize negative impacts to air quality and climate change, and promote energy efficiency; d) prepare for the impacts of a changing climate; 4.e) support active transportation; 5.f) are transit-supportive, where transit is planned, exists or may be developed; and 6.g) are freight-supportive; and. b. Land use patterns within settlement areas shall also be based on a range of uses redevelopment in accordance with the y 1.1.3.3, where this can be accommodated. 1.1.3.3 …opportunities for transit-supportive development, accommodating a significant supply and range of housing options through intensification… “Intensification and redevelopment shall be directed in accordance with the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety.” 1.1.3.6 and 1.1.3.7 – replaced “shall” with “should” 1.1.3.8 a) …sufficient opportunities for to accommodate growth and to satisfy market demand are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon;” Last paragraph: “In determining the most appropriate direction for expansions to the boundaries of settlement areas or the identification of a settlement area by a planning authority, a planning authority shall apply the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. In undertaking a comprehensive review, the level of detail of the assessment should correspond with the complexity and scale of the settlement boundary expansion or development proposal.” 1.1.3.9 – new section: 1.1.3.9 Notwithstanding policy 1.1.3.8, municipalities may permit adjustments of settlement area boundaries outside a comprehensive review provided: a) there would be no net increase in land within the settlement areas; b) the adjustment would support the municipality’s ability to meet intensification and redevelopment targets established by the municipality; c) prime agricultural areas are addressed in accordance with 1.1.3.8 (c), (d) and (e); and, d) the settlement area to which lands would be added is appropriately serviced and there is sufficient reserve infrastructure capacity to service the lands. Section 1.1.4 Rural Areas in Municipalities – no change Section 1.1.5 Rural Lands in Municipalities 1.1.5.2 c) “limited residential development, including lot creation, that is locally appropriate;” 1.1.5.2 d) moved from and new: agricultural uses, agriculture-related uses, on-farm diversified uses and… (moved from 1.1.5.8) …normal farm practices, in accordance with provincial standards; (new) 1.1.5.8 moved and removed: 1.1.5.8 Agricultural uses, agriculture-related uses, on-farm diversified uses (moved to 1.1.5.2 d)) “…and normal farm practices should be promoted and protected in accordance with provincial standards.” 1.1.5.9 now 1.1.5.8 Section 1.1.6 Territory Without Municipal Organization – no change Section 1.2 Coordination 1.2.1 a) managing and/or promoting growth and development that is integrated with infrastructure planning; d) “infrastructure, electricity generation facilities and transmission and distribution systems, multimnodal… h) Removed/added “…such as the Ontario Housing Policy Statement: Service Manager Housing and Homelessness Plans.” 1.2.2 Planning authorities are encouraged to shall engage with Indigenous communities and coordinate on land use planning matters with Aboriginal communities. 1.2.4 a) identify, coordinate and allocate…and reflect on provincial plans where these exist and informed by provincial guidelines; d) where major transit corridors exist…to these corridors and stations. e) identify and provide policy direction… 1.2.6 Land Use Compatibility 1.2.6.1 Major facilities and sensitive land uses should shall be planned to ensure they are appropriately designed, buffered and/or separated from each other and developed to prevent avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term operational and economic viability of major facilities in accordance with provincial guidelines, standards and procedures. 1.2.6.2 Where avoidance is not possible in accordance with policy 1.2.6.1, planning authorities shall protect the long-term viability of existing or planned industrial, manufacturing or other uses that are vulnerable to encroachment by ensuring that the planning and development of proposed adjacent sensitive land uses are only permitted if the following are demonstrated in accordance with provincial guidelines, standards and procedures: a) there is an identified need for the proposed use; b) alternative locations for the proposed use have been evaluated and there are no reasonable alternative locations; c) adverse effects to the proposed sensitive land use are minimized and mitigated; and d) potential impacts to industrial, manufacturing or other uses are minimized and mitigated.” Section 1.3 Employment 1.3.1 a) providing for an appropriate mix and range of employment and, institutional, and broader mixed uses to meet long-term needs; c) facilitating the conditions for economic investment by identifying strategic sites for investment, monitoring the availability and suitability of employment sites, including market-ready sites, and seeking to address potential barriers to investment; d) (formerly c)) …and resilient communities, with consideration of housing policy 1.4; 1.3.2 Employment Areas 1.3.2.2 “At the time of the official plan review or update, planning authorities should assess employment areas identified in local official plans to ensure that this designation is appropriate to the planned function of the employment area. Employment areas planned for industrial and manufacturing uses shall provide for separation or mitigation from sensitive land uses to maintain the long-term operational and economic viability of the planned uses and function of these areas.” 1.3.2.3 “Within employment areas planned for industrial or manufacturing uses, planning authorities shall prohibit residential uses and prohibit or limit other sensitive land uses that are not ancillary to the primary employment uses in order to maintain land use compatibility. Employment areas planned for industrial or manufacturing uses should include an appropriate transition to adjacent non-employment areas.” 1.3.2.5 Notwithstanding policy 1.3.2.4, and until the official plan review or update in policy 1.3.2.4 is undertaken and completed, lands within existing employment areas may be converted to a designation that permits non-employment uses provided the area has not been identified as provincially significant through a provincial plan exercise or as regionally significant by a regional economic development corporation working together with affected upper and single-tier municipalities and subject to the following: a) there is an identified need for the conversion and the land is not required for employment purposes over the long term; b) the proposed uses would not adversely affect the overall viability of the employment area; and c) existing or planned infrastructure and public service facilities are available to accommodate the proposed uses. Section 1.4 Housing 1.4.1 …mix of housing types options… a) …to accommodate residential growth for a minimum of 10 15 years b) …suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans. Last paragraph added and moved “Upper-tier and single-tier municipalities may choose to maintain land with servicing capacity sufficient to provide at least a five-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans (moved from b)).” 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing types options and densities to meet projected requirements market-based and affordable housing needs of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households and which aligns with applicable housing and homelessness plans. …” b) permitting and facilitating: 1. all forms of housing options required to meet the social, health, economic and well- being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities; and 2. all forms types of residential intensification, including second additional residential units, and redevelopment in accordance with policy 1.1.3.3; e) “requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations;” Section 1.5 Public Spaces, Recreation, Parks, Trails and Open Space – no change Section 1.6 Infrastructure and Public Service Facilities 1.6.1 Infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be provided in a coordinated, an efficient and cost-effective manner that considers prepares for the impacts from of a changing climate change while accommodating projected needs. Planning for infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be coordinated and integrated with land use planning and growth management so that they are:” 1.6.4 Infrastructure and public service facilities should be strategically located to support the effective and efficient delivery of emergency management services, and to ensure the protection of public health and safety in accordance with the policies in Section 3.0: Protecting Public Health and Safety. 1.6.6 Sewage, Water and Stormwater 1.6.6.1 a) direct and accommodate expected forecasted growth or development in a manner that promotes the efficient use and optimization of existing: … 2. …not available or feasible; b) ensure that these systems are provided in a manner that: 1. can be sustained by the water resources upon which such services rely; 2. prepares for the impacts of a changing climate; 3. is feasible, and financially viable and complies with all regulatory requirements over their lifecycle; and 4. protects human health and safety, and the natural environment; e) be in accordance with the servicing hierarchy outlined through policies 1.6.6.2, 1.6.6.3, 1.6.6.4 and 1.6.6.5. For clarity, where municipal sewage services and municipal water services are not available, planned or feasible, planning authorities have the ability to consider the use of the servicing options set out through policies 1.6.6.3, 1.6.6.4, and 1.6.6.5 provided that the specified conditions are met. 1.6.6.2 Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas to support protection of the environment and minimize potential risks to human health and safety. Intensification and redevelopment Within settlement areas onwith existing municipal sewage services and municipal water services should, intensification and redevelopment (moved from?) shall be promoted, wherever feasible to optimize the use of the services. 1.6.6.3 Where municipal sewage services and municipal water services are not provided available, municipalities may allow the use of planned or feasible, private communal sewage services and private communal water services are the preferred form of servicing for multi-unit/lot development to support protection of the environment and minimize potential risks to human health and safety. 1.6.6.4 Where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided available, planned or feasible, individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In settlement areas, these individual on-site sewage services and individual on-site water services may only be used for infilling and minor rounding out of existing development. At the time of the official plan review or update, planning authorities should assess the long-term impacts of individual on-site sewage services and individual on-site water services on the environmental health and the character of rural settlement areas. Where planning is conducted by an upper-tier municipality, the upper-tier municipality should work with lower-tier municipalities at the time of the official plan review or update to assess the long-term impacts of individual on-site sewage services and individual on-site water services on the environmental health and the desired character of rural settlement areas and the feasibility of other forms of servicing set out in policies 1.6.6.2 and 1.6.6.3. 1.6.6.5 New last paragraph “Where partial services have been provided to address failed services in accordance with subsection (a), infilling on existing lots of record in rural areas in municipalities may be permitted where this would represent a logical and financially viable connection to the existing partial service and provided that site conditions are suitable for the long-term provision of such services with no negative impacts. In accordance with subsection (a), the extension of partial services into rural areas is only permitted to address failed individual on-site sewage and individual on-site water services for existing development.” 1.6.6.7 a) “be integrated with planning for sewage and water services and ensure that systems are optimized, feasible and financially viable over the long term; c) minimize erosion and changes in water balance, and erosion prepare for the impacts of a changing climate through the effective management of stormwater, including the use of green infrastructure; d) not increase mitigate risks to human health and, safety and, property damage and the environment; f) promote stormwater management best practices, including stormwater attenuation and re-use, water conservation and efficiency, and low impact development.” 1.6.7 Transportation Systems 1.6.7.2 shall should 1.6.7.5 Transportation and land use considerations shall be integrated at all stages of the planning process. 1.6.8 Transportation and Infrastructure Corridors 1.6.8.5 The co-location of linear infrastructure should be promoted, where appropriate. 1.6.10 Waste Management 1.6.10.1 “Waste management systems need to be provided that are of an appropriate size and type to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives. Planning authorities should consider the implications of development and land use patterns on waste generation, management and diversion. …” 1.6.11 Energy Supply 1.6.11.1 Planning authorities should provide opportunities for the development of energy supply including electricity generation facilities and transmission and distribution systems, to accommodate current district energy, and projected needs. (both moved but then removed from 1.6.11.2). 1.6.11.2 Planning authorities should promote renewable energy systems and alternative energy systems, where feasible, in accordance with provincial and federal requirements to accommodate current and projected needs. 1.7 Long-Term Economic Prosperity 1.7.1 b) encouraging residential uses to respond to dynamic market-based needs and provide necessary housing supply and range of housing options for a diverse workforce; c) optimizing the long-term availability and use of land, resources, infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities; i) (some of h and 1 combined/revised) sustaining and enhancing the viability of the agricultural system through protecting agricultural resources, minimizing land use conflicts, providing opportunities to support local food, and promoting maintaining and improving the sustainability of agri- food and agriproduct businesses by protecting agricultural resources, and minimizing land use conflicts network; j) promoting energy conservation and providing opportunities for development of renewable increased energy systems and alternative energy systems, including district energy supply; 1.8 Energy Conservation, Air Quality and Climate Change 1.8.1 Planning authorities shall support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and preparing for the impacts of a changing climate change adaptation through land use and development patterns which: e) encourage transit-supportive development and intensification to improve the mix of employment and housing uses to shorten commute journeys and decrease transportation congestion; f) promote design and orientation which:1. maximizes energy efficiency and conservation, and considers the mitigating effects of vegetation; and 2. maximizes opportunities for the use of renewable energy systems and alternative energy systems green infrastructure; and Section 2.0 Wise Use and Management of Resources 2.2 Water 2.2.1 c) (new) evaluating and preparing for the impacts of a changing climate to water resource systems at the watershed level; 2.3 Agriculture 2.3.2 new 2nd paragraph Planning authorities are encouraged to use an agricultural system approach to maintain and enhance the geographic continuity of the agricultural land base and the functional and economic connections to the agri-food network.” 2.3.3 Permitted Uses 2.3.3.3 New lands in prime agricultural areas, 2.3.6 Non-Agriculutral Uses in Prime Agricultural Areas 2.3.6.1 a) extraction of minerals, petroleum resources and mineral aggregate resources, in accordance with policies 2.4 and 2.5; or b) 3. “…policy 1.1.2 for additional land to be designated to accommodate…” Section 2.5 Mineral Aggregate Resources 2.5.2 Protection of Long-Term Resource Supply 2.5.2.4 Mineral aggregate operations shall be protected from development and activities that would preclude or hinder their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. Existing mineral aggregate operations shall be permitted to continue without the need for official plan amendment, rezoning or development permit under the Planning Act. Where the Aggregate Resources Act applies, only processes under the Aggregate Resources Act shall address the depth of extraction of new or existing mineral aggregate operations. When a license for extraction or operation ceases to exist, policy 2.5.2.5 continues to apply. 2.6 Cultural Heritage and Archaeology 2.6.5 Planning authorities shall engage with Indigenous communities and consider the their interests of Aboriginal communities in conserving when identifying, protecting and managing cultural heritage and archaeological resources. Section 3.0 Protecting Public Health and Safety New 3rd paragraph “Mitigating potential risk to public health or safety or of property damage from natural hazards, including the risks that may be associated with the impacts of a changing climate, will require the Province, planning authorities, and conservation authorities to work together.” 3.1 Natural Hazards 3.1.1 Development shall generally be directed, in accordance with guidance developed by the Province (as amended from time to time), to areas outside of: 3.1.3 Planning authorities shall consider prepare for the potential impacts of a changing climate change that may increase the risk associated with natural hazards. 3.2 Human-Made Hazards 3.2.3 Planning authorities should support, where feasible, on-site and local re-use of excess soil through planning and development approvals while protecting human health and the environment. 4.0 Implementation and Interpretation 4.1 new date In accordance with section 3 of the Planning Act, a decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, “shall be consistent with” this Provincial Policy Statement. This Provincial Policy Statement shall be read in its entirety and all relevant policies are to be applied to each situation. (moved from elsewhere) Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government “shall be consistent with” this Provincial Policy Statement. (Moved to end of Part II) 4.4 This Provincial Policy Statement shall be read implemented in its entirety and all relevant policies are to be applied to each situation a manner that is consistent with Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. (from 4.6 (deleted)) 4.6 This Provincial Policy Statement shall be implemented in a manner that is consistent with the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. 4.76 third paragraph moved to Part I Official plans should also coordinate cross-boundary matters to complement the actions of other planning authorities and promote mutually beneficial solutions. Official plans shall provide clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas. 4.8 Moved to Part I Zoning and development permit by-laws are important for implementation of this Provincial Policy Statement. Planning authorities shall keep their zoning and development permit by-laws up-to-date with their official plans and this Provincial Policy Statement. 4.9 First sentence in Part III The policies of this Provincial Policy Statement represent minimum standards. This Provincial Policy Statement does not prevent planning authorities and decision- makers from going beyond the minimum standards established in specific policies, unless doing so would conflict with any policy of this Provincial Policy Statement. 4.10 A wide range of legislation, regulations, policies, and plans may apply to decisions with respect to Planning Act applications (moved). In some cases, a Planning Act proposal may also require approval under other legislation or regulation, and policies and plans issued under other legislation may also apply. 4.117 In addition to land use approvals under the Planning Act, infrastructure may also require approval under other legislation and regulations. An environmental assessment process may be applied to required for new infrastructure and modifications to existing infrastructure under applicable legislation. There may be circumstances where land use Wherever possible and practical, approvals under the Planning Act may be integrated with approvals under and other legislation, for example, integrating the planning processes and approvals under the Environmental Assessment Act and the Planning Act, or regulations should be integrated provided the intent and requirements of both Acts processes are met. 4.12 Provincial plans shall be read in conjunction with this Provincial Policy Statement and take precedence over policies in this Provincial Policy Statement to the extent of any conflict, except where legislation establishing provincial plans provides otherwise. Examples of these are plans created under the Niagara Escarpment Planning and Development Act, the Ontario Planning and Development Act, 1994, the Oak Ridges Moraine Conservation Act, 2001, the Greenbelt Act, 2005 and the Places to Grow Act, 2005. 4.13 Within the Great Lakes - St. Lawrence River Basin, there may be circumstances where planning authorities should consider agreements related to the protection or restoration of the Great Lakes - St. Lawrence River Basin. Examples of these agreements include Great Lakes agreements between Ontario and Canada, between Ontario, Quebec and the Great Lakes States of the United States of America, and between Canada and the United States of America. Moved Part I 4.148 The Province, in consultation with municipalities, Indigenous communities,… 4.159 Municipalities are encouraged to establish performance indicators to monitor and report on the implementation of the policies in their official plans in accordance with any reporting requirements, data standards and any other guidelines that may be issued by theMinister. 6.0 Definitions Agricultural System: A system comprised of a group of inter-connected elements that collectively create a viable, thriving agricultural sector. It has two components: a) An agricultural land base comprised of prime agricultural areas, including specialty crop areas, and rural lands that together create a continuous productive land base for agriculture; and b) An agri-food network which includes infrastructure, services, and assets important to the viability of the agri-food sector. Agri-food network: Within the agricultural system, a network that includes elements important to the viability of the agri-food sector such as regional infrastructure and transportation networks; on-farm buildings and infrastructure; agricultural services, farm markets, distributors, and primary processing; and vibrant, agriculture-supportive communities. Areas of archaeological potential: means areas with the likelihood to contain archaeological resources. Methods Criteria to identify archaeological potential are established by the Province, but municipal approaches which achieve the same objectives may also be used. The Ontario Heritage Act requires archaeological potential to be confirmed through archaeological field work by a licensed archaeologist. Built heritage resource: means a building, structure, monument, installation or any manufactured or constructed part or remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an Aboriginal Indigenous community. Built heritage resources are generally located on property that has been may be designated under Parts IV or V of the Ontario Heritage Act, or that may be included on local, provincial, federal and/or federal international registers. Comprehensive review: means a) for the purposes of policies 1.1.3.8, 1.1.3.9 and 1.3.2.2 1.3.2.4, an official plan review… Conserved: means the identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, and/or heritage impact assessment that has been approved, accepted or adopted by the relevant planning authority and/or decision-maker. Mitigative measures and/or alternative development approaches can be included in these plans and assessments. Cultural heritage landscape: means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Aboriginal Indigenous community. The area may involve include features such as buildings, structures, spaces, views, archaeological sites or natural elements that are valued together for their interrelationship, meaning or association. Examples may include, but are not limited to, heritage conservation districts designated Cultural heritage landscapes may be properties that have been determined to have cultural heritage value or interest under the Ontario Heritage Act; villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways, viewsheds, natural areas and industrial complexes of heritage significance; and areas recognized by, or have been included on federal and/or international designation authorities (e.g. a National Historic Site or District designation registers, and/or a .U.N.E.S.C.O. World Heritage Site) protected through official plan, zoning by-law, or other land use planning mechanisms. Defined portions of the one hundred year flood level flooding hazard along connecting channels: means those areas which are critical to the conveyance of the flows associated… Endangered species: means a species that is listed or categorized classified as an “Endangered Species” on the Ontario Ministry of Natural Resources' official Species at Risk in Ontario List, as updated and amended from time to time. Ground water feature: refers to means water-related features… Habitat of endangered species and threatened species: means habitat within the meaning of Section 2 of the endangered Species Act, 2007. a. with respect to a species listed on the Species at Risk in Ontario List as an endangered or threatened species for which a regulation made under clause 55(1)(a) habitat within the meaning of Section 2 of the Endangered Species Act, 2007 is in force, the area prescribed by that regulation as the habitat of the species; b. with respect to any other species listed on the Species at Risk in Ontario List as an endangered or threatened species, an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding, as approved by the Ontario Ministry of Natural Resources; and places in the areas described in clause (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences. Heritage attributes: means the principal features or elements that contribute to a protected heritage property’s cultural heritage value or interest, and may include the property’s built, constructed, or manufactured elements, as well as natural landforms, vegetation, water features, and its visual setting (including e.g. significant views or vistas to or from a protected heritage property). Housing options: means a range of housing types such as, but not limited to single- detached, semi- detached, rowhouses, townhouses, stacked townhouses, multiplexes, additional residential units, tiny homes, multi- residential buildings. The term can also refer to a variety of housing arrangements and forms such as, but not limited to life lease housing, co- ownership housing, co-operative housing, community land trusts, land lease community homes, affordable housing, housing for people with special needs, and housing related to employment, institutional or educational uses. Impacts of a changing climate: means the present and future consequences from changes in weather patterns at local and regional levels including extreme weather events and increased climate variability. Major facilities: means facilities which may require separation from sensitive land uses, including but not limited to airports, manufacturing uses, transportation infrastructure… Municipal sewage services: means a sewage works within the meaning of section 1 of the Ontario Water Resources Act that is owned or operated by a municipality, including centralized and decentralized systems. Municipal water services: means a municipal drinking-water system within the meaning of section 2 of the Safe Drinking Water Act, 2002, including centralized and decentralized systems. Negative impacts: means a) in regard to policy 1.6.6.4 and 1.6.6.5, potential risks to human health and safety and degradation to the quality and quantity of water… On-farm diversified uses: means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri- tourism uses, and uses that produce value- added agricultural products. Ground-mounted solar facilities are permitted in prime agricultural areas, including specialty crop areas, only as on-farm diversified uses. Partial services: means a) municipal sewage services or private communal sewage services and combined with individual on-site water services; or b) municipal water services or private communal water services and combined with individual on-site sewage services. Planned corridors: means corridors or future corridors which are required to meet projected needs, and are identified through provincial plans, preferred alignment(s) determined through the Environmental Assessment Act process, or identified through planning studies where the Ontario Ministry of Transportation, Metrolinx, Ontario Ministry of Energy, Northern Development and Mines or Independent Electricity System Operator (IESO) or any successor to those ministries or entities is actively pursuing the identification of a corridor. Approaches for the protection of planned corridors may be recommended in guidelines developed by the Province. Provincial and federal requirements: means a. in regard to policy 1.6.11.2, legislation, regulations, policies and standards administered by the federal or provincial governments for the purpose of protecting the environment from potential impacts associated with energy systems and ensuring that the necessary approvals are obtained; Public service facilities: means land, buildings and structures for the provision of programs and services provided or subsidized by a government or other body, such as social assistance, recreation, police and fire protection, health and educational programs, long-term care services, and cultural services. Public service facilities do not include infrastructure. Residential intensification: means intensification of a property, site or area which results in a net increase in residential units or accommodation and includes: a) redevelopment, including the redevelopment of brownfield sites; b) the development of vacant or underutilized lots within previously developed areas; c) infill development; d) development and introduction of new housing options within previously developed areas; e) the conversion or expansion of existing industrial, commercial and institutional buildings for residential use; and f) the conversion or expansion of existing residential buildings to create new residential units or accommodation, including accessory apartments, secondary suites and additional residential units, rooming houses, and other housing options. Significant: means e) in regard to cultural heritage and archaeology, resources that have been determined to have cultural heritage value or interest. Processes and criteria for the important contribution they make to our understanding of the history of a place, an event, or a people determining cultural heritage value or interest are established by the Province under the authority of the Ontario Heritage Act. Criteria for determining significance for the resources identified in sections (c)-(ed) are… Special needs: means any housing, including dedicated facilities, in whole or in part, that is used by people who have specific needs beyond economic needs, including but not limited to, needs such as mobility requirements or support functions required for daily living. Examples of special needs housing may include, but are not limited to, long-term care homes, adaptable and accessible housing, and housing for persons with disabilities such as physical, sensory or mental health disabilities, and housing for older persons. Threatened species: means a species that is listed or categorized classified as a “Threatened Species” on the Ontario Ministry of Natural Resources' official Species at Risk in Ontario List, as updated and amended from time to time. Transit-supportive: in regard to land use patterns, means development that makes transit viable, optimizes investments in transit infrastructure, and improves the quality of the experience of using transit. It often refers to compact, mixed-use development that has a high level of employment and residential densities, including air rights development, in proximity to transit stations, corridors and associated elements within the transportation system. Approaches may be recommended in guidelines developed by the Province or based on municipal approaches that achieve the same objectives. Wildlife Wildland fire assessment and mitigation standards: means Woodlands: means treed areas that provide environmental and economic benefits to both the private landowner and the general public, such as erosion prevention, hydrological and nutrient cycling, provision of clean air and the long-term storage of carbon, provision of wildlife habitat, outdoor recreational opportunities, and the sustainable harvest of a wide range of woodland products. Woodlands include treed areas, woodlots or forested areas and vary in their level of significance at the local, regional and provincial levels. Woodlands may be delineated according to the Forestry Act definition or the Province’s Ecological Land Classification system definition for “forest”. Page 1 March 10, 2020 ELGIN COUNTY COUNCIL MINUTES March 10, 2020 Council Present: Warden Dave Mennill Deputy Warden Duncan McPhail Councillor Bob Purcell Councillor Grant Jones Councillor Sally Martyn Councillor Tom Marks Councillor Mary French Councillor Dominique Giguère Councillor Ed Ketchabaw Staff Present: Julie Gonyou, Chief Administrative Officer Brian Lima, Director of Engineering Services Amy Thomson, Director of Human Resources Brian Masschaele, Director of Community & Cultural Services Alan Smith, General Manager of Economic Development Stephen Gibson, County Solicitor Jennifer Ford, Deputy Treasurer/Senior Financial Analyst Steve Evans, Manager of Planning (report only) Carolyn Krahn, Legislative Services Coordinator Sam McFarlane, Accessibility Coordinator (report only) Mike Hoogstra, Purchasing Coordinator (report only) Lisa Czupryna, Senior Financial Analyst (report only) Jeff Lawrence, Tree Commissioner/Weed Inspector (report only) 1. CALL TO ORDER Elgin County Council met this 10th day of March, 2020 in the Council Chambers, at the County Administration Building, St. Thomas at 9:00 a.m. with Warden Mennill in the chair. 2. ADOPTION OF MINUTES Moved by: Councillor Ketchabaw Seconded by: Councillor Purcell Resolved that the minutes of the meeting held on February 11, 2020 be adopted. - Motion Carried. Page 2 March 10, 2020 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None. 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 4.1 Retirement Recognition – Inspector Brad Fishleigh, OPP Detachment Commander Warden Mennill presented a certificate of retirement to Inspector Brad Fishleigh, OPP Detachment Commander and thanked him for 10 years of dedicated service to the County of Elgin. Inspector Brad Fishleigh thanked Council for their support. 5. HEARING OF APPLICATION FOR COUNCIL EXEMPTION FOR WOODLANDS CLEARING PURSUANT TO WOODLANDS CONSERVATION BY-LAW NO. 05-03 Moved by: Councillor Jones Seconded by: Councillor Ketchabaw WHEREAS, pursuant to Elgin By-Law 05-03 (Woodlands Conservation By-Law), as amended, 1873828 Ontario Limited made Application for a Council Exemption to permit clearing of Woodlands on lands comprising Part of Lot 40, Southeast of the North Branch of Talbot Road in the Township of Southwold and County of Elgin as associated with an approved subdivision development thereon; AND WHEREAS the said Application for Council Exemption was objected to by Residents Jade Petty, Derek Howey, Kattie Usher and Sean Usher; AND WHEREAS Elgin County Council conducted a hearing in respect of the said Application and Objections thereto on March 10, 2020, and, in the course of such hearing, considered, among other things, the Application for Council Exemption No. 04- 19, Letters of Objection from the Objectors referred to above, the Report to County Council by Elgin Tree Commissioner Jeff Lawrence dated February 20, 2020, as well as oral comments from County Solicitor Stephen Gibson, Tree Commissioner Jeff Lawrence, and by or on behalf of the Objectors as well as any other person in attendance at such meeting and expressing a wish to speak to the said Application or Objections thereto; BE IT NOW RESOLVED THAT Elgin County Council permits and allows the Application, as submitted, subject to the terms and conditions set forth on Schedule “A” hereto. SCHEDULE “A” TERMS AND CONDITIONS 1. In respect of any works to harvest, destroy, injure or clear trees as permitted by this decision, the Applicant shall comply strictly with all requirements of Elgin County By- Page 3 March 10, 2020 Law 05-03 (Woodlands Conservation By-Law), including but not limited to any and all notification and signage requirements. 2. The Applicant shall reforest 1.6 hectares of land within the area set forth on Map 1 hereto (which area is the same as that set forth on Schedule “G” to the Report to County Council by the Tree Commissioner as dated February 20, 2020), such reforestation to be accomplished by planting of 2800 trees of species and stock acceptable to the Tree Commissioner and to be completed on or before June 30, 2021. 3. In respect of the reforestation work required pursuant to item 2 above, (a) The Applicant shall utilize only site preparation and tree planting methods acceptable to the Tree Commissioner; and (b) Within 48 hours of such completion, the Applicant shall provide and deliver to the Tree Commissioner written notification of completion of tree-planting work as required in item 2 above as well as evidence that such work satisfied the species and stock requirements of such approved reforestation. 4. For the period of 5 years following the date of completion of tree-planting as required pursuant to item 2 above, the Applicant shall use best efforts, including Good Forestry and Conservation Practices, to achieve survival of at least 70% of the trees planted pursuant to item 2 above. 5. For the period of 5 years following the date of completion of tree-planting required pursuant to item 2 above but at all times upon at least 24 hours verbal notice, the Applicant shall grant and allow the Tree Commissioner free and unencumbered access to the lands upon which trees were planted pursuant to item 2 above to assess the survival rate of trees planted thereon, the efforts of the Applicant to achieve the target survival rate, and compliance with these terms and conditions. - Motion Carried. 6. COMMITTEE OF THE WHOLE Moved by: Councillor Giguère Seconded by: Councillor French Resolved that we do now move into Committee of the Whole Council. - Motion Carried. 7. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 7.1 Warden’s Activity Report – February 2020 – Warden The Warden presented the report to County Council with a list of official functions attended in February 2020. Page 4 March 10, 2020 Moved by: Councillor Martyn Seconded by: Councillor Purcell Resolved that the report titled “Warden’s Activity Report – February 2020” from Warden Dave Mennill dated February 27, 2020 be received and filed. - Motion Carried. 7.2 Elgin County Strategic Plan Endorsement – Warden The Warden presented the report regarding the 2020-2022 Elgin County Strategic Plan and seeks Council’s endorsement of the plan as presented. Moved by: Councillor Jones Seconded by: Councillor Giguère Resolved that Council endorse the “2020-2022 Elgin County Strategic Plan” as presented; and, that the Chief Administrative Officer be directed to provide a comprehensive follow up report which includes Council Actions, Staff Operational Plan and a general overview of Council’s strategic planning process at the April 14, 2020 meeting of County Council. - Motion Carried. 7.3 Terrace Lodge Redevelopment March 2020 Update – Councillor Purcell, Chair – Terrace Lodge Redevelopment Steering Committee The Chair of the Terrace Lodge Redevelopment Steering Committee presented a report sharing the following steps that the Steering Committee has taken in their careful planning for the success of the redevelopment of Terrace Lodge. Moved by: Councillor Marks Seconded by: Councillor French Resolved that the report titled “Terrace Lodge Steering Committee March 2020 Update” from Councillor Bob Purcell, Chair – Terrace Lodge Steering Committee dated March 10, 2020 be received and filed. - Motion Carried. 7.4 Multi-Year Accessibility – 2019 Status Report – Accessibility Coordinator The Accessibility Coordinator presented the report regarding the Annual Accessibility Status Report on the progress of measures taken to implement the strategies outlined in the Multi-Year Accessibility Plan. Moved by: Councillor McPhail Seconded by: Councillor Martyn Page 5 March 10, 2020 Resolved that the report titled “Multi-Year Accessibility Plan – 2019 Status Report” dated March 10, 2020 be received and filed. - Motion Carried. 7.5 2021-2026 Multi Year Accessibility Plan Update – Accessibility Coordinator The Accessibility Coordinator presented the report regarding the 2021-2026 Multi Year Accessibility Plan Update. Moved by: Councillor Jones Seconded by: Councillor Giguère Resolved that the report titled “2021-2026 Multi Year Accessibility Plan Update” dated March 10, 2020 be received and filed. - Motion Carried. 7.6 Public Release of Request for Proposal Scores – Director of Community and Cultural Services The Director of Community and Cultural Services presented the report outlining the County’s procedures for providing proponent feedback in relation to proposals received for Request for Proposals (RFPs) where scoring results and not necessarily lowest price are used to determine the successful applicant. The report also outlined options that RFP proponents have to seek further information about scoring within the confines of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Moved by: Councillor Purcell Seconded by: Councillor Martyn Resolved that the report titled “Public Release of Request for Proposal Scores” from the Director of Community and Cultural Services dated February 19, 2020 be received and filed. - Motion Carried 7.7 Electronic Bidding – Purchasing Coordinator The Purchasing Coordinator presented additional information with respect to the bidding platform proposed by staff, along with options for Council’s consideration. Moved by: Councillor Purcell Seconded by: Councillor Giguère Resolved that the PowerPoint presentation titled “Electronic Bidding” dated March 10, 2020 be received; and, that the Procurement Policy be amended to include options with respect to electronic bidding and the continued acceptance of paper submissions; and, that options be presented to Council at an upcoming meeting. - Motion Carried. Page 6 March 10, 2020 7.8 Approval for Official Plan Amendment No. 18 – Manager of Planning The Manager of Planning presented the report providing County Council with information required in order to consider granting approval to the above noted Official Plan Amendment. Moved by: Councillor Jones Seconded by: Councillor Giguère Resolved that the Council of the Corporation of the County of Elgin approves Official Plan Amendment No.18 to the Township of Malahide Official Plan, File No. MA-OPA18-20; and, that staff be directed to provide notice of this decision in accordance with the Planning Act. - Motion Carried. 7.9 Approval for Official Plan Amendment No. 25 – Manager of Planning The Manager of Planning presented the report providing County Council with information required in order to consider granting approval to the above noted Official Plan Amendment. Moved by: Councillor Ketchabaw Seconded by: Councillor Purcell Resolved that the Council of the Corporation of the County of Elgin approves Official Plan Amendment No.25 to the Municipality of Bayham Official Plan, File No. BA-OPA25-20; and, that staff be directed to provide notice of this decision in accordance with the Planning Act. - Motion Carried. 7.10 2019 Economic Development Department Highlights – General Manager of Economic Development The General Manager of Economic Development presented the report providing highlights and outcomes of the department’s yearly activities. A detailed overview can be found in Appendix One. Moved by: Councillor Martyn Seconded by: Councillor Giguère Resolved that the February 27, 2020, report titled, “2019 Economic Development Department: Highlights,” submitted by the General Manager of Economic Development, be received and filed for information; and, that the General Manager of Economic Development be directed to prepare an interim report on departmental activities to be provided to County Council in July 2020. - Motion Carried. Page 7 March 10, 2020 7.11 Homes – Administration Policy 1.34 – Student Educational Placements & Orientation – Director of Homes and Seniors Services The Chief Administrative Officer presented the report regarding the Homes – Administration Policy 1.34 – Student Educational Placements & Orientation. Moved by: Councillor Jones Seconded by: Councillor Martyn Resolved that Council approve the County of Elgin Homes and Seniors Services Administration Policy 1.34 – Student Educational Placements & Orientation; and, that the report titled “Homes – Administration Policy 1.34 – Student Educational Placements & Orientation” dated March 2, 2020 be received and filed. - Motion Carried. 7.12 2020 Non-Union Economic Adjustment – Director of Human Resources The Director of Human Resources presented the report seeking County Council’s approval to implement a 1.9% wage increase for non-union staff and Council in 2020. Moved by: Councillor Purcell Seconded by: Councillor Jones Resolved that County Council approve a non-union economic adjustment of 1.9% effective the first full pay period of 2020; and, that the necessary by-law be prepared. - Motion Carried. 7.13 Amendments to Human Resources Policy 9.90 – Pregnancy and Parental Leave – Director of Human Resources The Director of Human Resources presented the report regarding Amendments to Human Resources Policy 9.90 – Pregnancy and Parental Leave. Moved by: Councillor French Seconded by: Councillor Martyn Resolved that Council approve the changes to HR Policy 9.90 Pregnancy and Parental Leave as attached. - Motion Carried. Page 8 March 10, 2020 7.14 HR Policy: 12.130 Exit Interview – Director of Human Resources The Director of Human Resources presented the report regarding HR Policy: 12.130 Exit Interview. Moved by: Councillor Jones Seconded by: Councillor McPhail Resolved that Council approve the new HR Policy: “12.130 Exit Interview” and updated Exit Interview procedure. - Motion Carried. 7.15 Contract Award – King George VI Lift Bridge Rehabilitation Contract No. 2020- T03 – Director of Engineering Services The Director of Engineering Services presented the report regarding the Contract Award – King George VI Lift Bridge Rehabilitation Contract No. 2020-T03. Moved by: Councillor Martyn Seconded by: Councillor Marks Resolved that Landform Civil Infrastructure Inc. be selected for the King George VI Bridge Rehabilitation Project, Tender No. 2020-T03 at a total price of $5,843,640.00 (inclusive of a $650,000 contingency allowance and exclusive of HST), and that the funding deficit be identified in the 2021 Capital Budget; and, that the provision of additional contract administration and inspection engineering services associated with the Rehabilitation of the King George IV Lift Bridge previously awarded to GM BluePlan Engineering Limited be increased in the amount of $270,000.00 (excluding HST); and, that the Warden and Chief Administrative Officer be directed and authorized to sign the contract. - Motion Carried. 7.16 St. George Street Bridge Deck Rehabilitation – Project Award – Director of Engineering Services The Director of Engineering Services presented the report providing details regarding the joint project between the City of St. Thomas and County of Elgin for the St. George Street Bridge rehabilitation; the Bridge is jointly owned by both municipalities. Moved by: Councillor Jones Seconded by: Councillor Ketchabaw Resolved that the report titled St. George Street Bridge Deck Rehabilitation – Project Award, be received for information. - Motion Carried. Page 9 March 10, 2020 7.17 Contract Award – Kimble Bridge Replacement Contract No. 2020-T02 – Director of Engineering Services The Director of Engineering Services presented the report regarding the Contract Award – Kimble Bridge Replacement Contract No. 2020-T02. Moved by: Councillor French Seconded by: Councillor Purcell Resolved that Sterling Ridge Infrastructure Inc. be selected for the Kimble Bridge Replacement Project, Contract No. 2020-T02 at a total price of $495,500 inclusive of a $40,000 contingency allowance and exclusive of H.S.T.; and, that projected surplus funds from the St. George Street Bridge Deck Rehabilitation Project in the amount of $50,000 be reallocated towards the Kimble Bridge Replacement Project capital budget to offset a funding deficit; and, that the Warden and Chief Administrative Officer be directed and authorized to sign the contract. - Motion Carried. 7.18 Avon Drive (CR 37) – Boundary Road Agreement – Director of Engineering Services The Director of Engineering Services presented the report seeking Council’s approval to enter into the new Avon Drive (CR 37) – Boundary Road Agreement. Moved by: Councillor Giguère Seconded by: Councillor French Resolved that the Warden and Chief Administrative Officer be directed and authorized to sign the contract. - Motion Carried. 7.19 Approval to Award Tender No. 2020-T09 – Wonderland Road Reconstruction – Director of Engineering Services The Director of Engineering Services presented the report requesting permission for staff to award one tender prior to the April 28, 2020 Council Meeting in an effort to expedite the project. Moved by: Councillor Purell Seconded by: Councillor Ketchabaw Resolved that staff award Tender No. 2020-T09 – Wonderland Road Reconstruction according to the County’s Purchasing Policy and within budget allocations; and, that the Warden and Chief Administrative Officer be directed and authorized to sign the contract; and, that staff report back to Council with the results at the April 28, 2020 Council meeting. - Motion Carried. Page 10 March 10, 2020 7.20 2020 Annual Repayment Limit – Director of Financial Services The Deputy Treasurer/Senior Financial Analyst presented the report regarding the 2020 Annual Repayment Limit (ARL). Moved by: Councillor Ketchabaw Seconded by: Councillor Jones Resolved that the report titled “2020 Annual Repayment Limit” dated February 26, 2020 be received and filed. - Motion Carried. 7.21 Council and Outside Board Remuneration and Expenses – Senior Financial Analyst The Senior Financial Analyst presented the report regarding remuneration, mileage, and expenses for Council and Outside Boards. Moved by: Councillor Jones Seconded by: Councillor McPhail Resolved that the Treasurer’s Statement of Remuneration and Expenses for County Council for 2019 be received and filed by Council; and, that the Treasurer’s Statement for Remuneration and Expenses for Outside Boards for 2019 be received and filed by Council; and, that the report titled “Council and Outside Boards Remuneration and Expenses” from the Senior Financial Analyst dated February 23, 2020 be received and filed. - Motion Carried. 7.22 Landfill Revenue Neutral Tax Ratio – Director of Financial Services The Deputy Treasurer/Senior Financial Analyst presented the report regarding the Landfill Revenue Neutral Tax Ratio. Moved by: Councillor Ketchabaw Seconded by: Councillor Jones Resolved that Schedules A and C of the February 11, 2020 budget presentation be amended to reflect the revised landfill tax ratio and rates in-line with the provincially calculated revenue neutral ratio for landfills; and, that the necessary 2020 budget by-law be read for approval. - Motion Carried. Page 11 March 10, 2020 7.23 Approval Fees and Charges – Chief Administrative Officer The Chief Administrative Officer presented the report regarding the fees and charges levied for administrative activities within each department to reflect cost recovery for material, activities and services. Moved by: Councillor Purcell Seconded by: Councillor Giguère Resolved that By-law 19-31, “A By-law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin”, passed on August 13, 2019, is hereby repealed; and, that the changes to fees and charges identified in red and the fees and charges listed in the attached by-law are approved and imposed for the associated commencing date of March 10, 2020. - Motion Carried. 7.24 Community Safety and Well-Being Plan Update – Chief Administrative Officer The Chief Administrative Officer presented the report providing details regarding the joint project between the City of St. Thomas, Town of Aylmer, County of Elgin, along with Police Services (City of St. Thomas Police, Town of Aylmer Police and Elgin Ontario Provincial Police) for the development of a joint Community Safety and Well-Being (CSWB) Plan in accordance with the Police Services Act and Bill 175 – The Safer Ontario Act. There will be one (1) joint CSWB Plan, and it will include the following municipalities: City of St. Thomas, County of Elgin, Town of Aylmer, Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton-Dunwich, Township of Southwold, Township of Malahide, and Municipality of West Elgin. The planning process will be led by Elgin County, the City of St. Thomas, and the Town of Aylmer. Moved by: Councillor Purcell Seconded by: Councillor McPhail Resolved that the report titled “Community Safety and Well-Being Plan Update” from the Chief Administrative Officer dated February 26, 2020 be received and filed. - Motion Carried. 7.25 Provincial Offences Part III Prosecutions Update – Chief Administrative Officer The Chief Administrative Officer presented the report informing County Council of the implications of the Stronger, Fairer Ontario Act, 2017 regarding the downloading of responsibility for prosecuting Part III offences under the Provincial Offences Act from the Province. Part III matters are currently being prosecuted by the Ministry’s Crown Attorney’s office and will be transferred to municipalities. Page 12 March 10, 2020 Moved by: Councillor Jones Seconded by: Councillor Giguère Resolved that the report titled “Provincial Offences Part III Prosecutions Update” from the Chief Administrative Officer dated March 3, 2020 be received and filed. - Motion Carried. 7.26 Service Delivery Review Progress Report No. 1 – Chief Administrative Officer The Chief Administrative Officer presented the report to provide Council with an update on the Service Delivery Review (SDR) process to date, and to seek Council’s endorsement, in principle, of the Project Charter and High Opportunity Areas proposed for review. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw Resolved that the report titled “Service Delivery Review Progress Report No.1” from the Chief Administrative Officer dated March 3, 2020 be received and filed; and, that Council endorse, in principle, the Project Charter provided by Strategy Corp Inc. as presented; and, that, without limiting the ultimate scope of the review process or recommendations thereof, Council acknowledge the High Opportunity Areas identified by the Management Team as presented. - Motion Carried. 8. COUNCIL CORRESPONDENCE 8.1 Items for Consideration (Consent Agenda) 1. Chair Martyn, Elgin Group Police Services Board with a letter to the Ministry of the Solicitor General requesting that a new member of the Elgin Group Police Services Board be appointed by the Lieutenant Governor in Council pursuant to Section 27 of the Police Services Act, as amended, as soon as possible noting that a vacancy has existed on the Board since July 26, 2019. 2. Lindsey Gray, Manager, Operations Unit, Public Safety Division, Ministry of the Solicitor General with a letter to Chair Martyn, Elgin Group Police Services Board regarding the provincial vacancy on the Elgin Group Police Services Board. 3. Dianne Wilson, Deputy Clerk/Records Management Coordinator, Municipality of Central Elgin with a letter requesting Elgin County Council to maintain continuing dialogue with the Hospice Steering Committee to look for creative financial and other in-kind measures to support the development of an Elgin hospice and continue to explore available sources of funding for the hospice, particularly when current funding commitments to the St. Thomas-Elgin General Hospital are met in the near future, with the objective that in the future Page 13 March 10, 2020 Elgin County will not be the lone southwestern Ontario county without a hospice. Moved by: Councillor Ketchabaw Seconded by: Councillor Jones Resolved that the Warden be directed to send a letter to the local MPP, in support of the Elgin Group Police Services Board requesting that the Order in Council vacancy be filled as soon as possible; and, that Correspondence Items #1-3 be received and filed. - Motion Carried. 8.2 Items for Information (Consent Agenda) 1. Warden Mennill with a letter to the Honourable Steve Clark, Minister of Municipal Affairs and Housing regarding Elgin County Council’s support of the proposed development of affordable housing in the Town of Aylmer by Walter Otojic & Sons Ltd. 2. Jim Adams, Director of Housing Programs Branch, Ministry of Municipal Affairs and Housing with a letter regarding Elgin County Council’s support for the Walter Otojic & Sons Ltd. proposal to develop affordable housing in the Town of Aylmer. 3. Douglas Browne, Chief of Emergency Management, Office of the Fire Marshal and Emergency Management, Ministry of the Solicitor General with a letter congratulating the municipality’s efforts in achieving compliance in 2019. 4. Betsy McClure, Program Coordinator, Elgin Clean Water Program with a letter regarding the 2019 Year End Report. 5. Larry Martin, Chair, Board of Health, Southwestern Public Health with a letter regarding the Board’s approval of the purchase of replacement HVAC units at our 1230 Talbot Street location in St. Thomas. 6. The Honourable Steve Clark, Minister of Municipal Affairs and Housing with a letter regarding the Provincial Policy Statement (PPS), 2020. Moved by: Councillor Purcell Seconded by: Councillor Giguère Resolved that Correspondence Items #1-6 be received and filed. - Motion Carried. Page 14 March 10, 2020 9. OTHER BUSINESS 9.1 Statements/Inquiries by Members None. 9.2 Notice of Motion None. 9.3 Matters of Urgency 9.3.1 The Chief Administrative Officer requested that an item be added to the Closed Meeting Agenda – Municipal Act Section 239 2(e) litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board – Port Bruce Bridge. Moved by: Councillor McPhail Seconded by: Councillor Purcell Resolved that the Port Bruce Bridge litigation/potential litigation item as requested by the Chief Administrative Officer be added to the agenda for the Closed Meeting. - Motion Carried. 9.3.2 The Chief Administrative Officer presented information about the Call for Community Expressions of Interest (EOI) for Rural Ontario Residential Broadband Project #1. On February 28, 2020, Centre of Excellence in Next Generation Networks (CENGN) announced funding under the Next Generation Network Program (NGNP). CENGN will fund projects across Northern and Rural Ontario that demonstrate technology solutions that offer lower cost, higher performance residential broadband access for Northern and Rural Ontario communities. These technology projects will be funded for 3-6 months. They will be designed to test new technologies and solutions to improve high-speed internet access to Northern and Rural Ontario communities. CENGN will fund 50% of the expenses, and the technology applicant must be willing to fund up to 50% of the project. There is no cost to the host community participating in the project. The deadline for EOI submissions is March 13, 2020. One rural Ontario community, and a number of technology company applicants will be selected using the CENGN EOI evaluation process. Moved by: Councillor Jones Seconded by: Councillor Giguère Resolved that the Chief Administrative Officer be directed to prepare and submit an Expression of Interest. - Motion Carried. Page 15 March 10, 2020 9.3.3 The Chief Administrative Officer recommended that a regular meeting of County Council be scheduled for April 14, 2020 at 9:00 a.m. in the Council Chambers. Moved by: Councillor Purcell Seconded by: Councillor Ketchabaw Resolved that a regular meeting of County Council be scheduled for April 14, 2020 at 9:00 a.m. in the Council Chambers. - Motion Carried. 10. CLOSED MEETING ITEMS Moved by: Councillor Jones Seconded by: Councillor French Resolved that we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239 (2): In-Camera Item #1 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board – Philmore Bridge In-Camera Item #2 (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board – Port Bruce Bridge In-Camera Item #3 (k) – a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board – Transfer Payment Municipal Modernization Program In-Camera Item #4 (b) – personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations – Non-union and Council Benefits Plan recommended amendments In-Camera Item #5 (b) – personal matters about an identifiable individual, including municipal or local board employees – Organizational Review (to be handed out at meeting) - Motion Carried. Page 16 March 10, 2020 11. RECESS None. 12. MOTION TO RISE AND REPORT Moved by: Councillor Jones Seconded by: Councillor Purcell Resolved that we do now rise and report. - Motion Carried. In-Camera Item #1 – Philmore Bridge Moved by: Councillor Ketchabaw Seconded by: Councillor Jones Resolved that the confidential report titled “Philmore Bridge” be received and filed; and, that the Warden be directed to send a follow-up letter to John Hueston; and, that a copy of the letter be included in the April 14, 2020 County Council Agenda. - Motion Carried. In-Camera Item #2 – Port Bruce Bridge Moved by: Councillor French Seconded by: Councillor Martyn Resolved that the County Solicitor proceed as directed. - Motion Carried. In-Camera Item #3 – Transfer Payment Municipal Modernization Program Moved by: Councillor Martyn Seconded by: Councillor Giguère Resolved that the Warden and Chief Administrative Officer be authorized and directed to enter into the Transfer Payment Agreement to receive $125,000 from the Municipal Modernization Program; and, that By-Law 20-11 to authorize the Warden and Chief Administrative Officer to execute the Transfer Payment Agreement on behalf of Elgin County be enacted. - Motion Carried. Page 17 March 10, 2020 In-Camera Item #4 – Non-union and Council Benefits Plan recommended amendments Moved by: Councillor Purcell Seconded by: Councillor McPhail Resolved that County Council approve the confidential report entitled “Non-union and Council Benefits Plan recommended amendments”; and that, staff be directed to implement recommended plan adjustments; and, that staff be directed to present amended Human Resources Policies to County Council for consideration at a future date. - Motion Carried. In-Camera Item #5 – Organizational Review (to be handed out at meeting) Moved by: Councillor French Seconded by: Councillor Martyn Resolved that the Chief Administrative Officer proceed as directed. - Motion Carried. 13. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Martyn Seconded by: Councillor Jones Resolved that we do now adopt recommendations of the Committee Of The Whole. - Motion Carried. 14. CONSIDERATION OF BY-LAWS 14.1 By-law 20-08 – 2020 Budget BEING a By-law to Provide for the Adoption of the 2020 Budget of the Corporation of the County of Elgin and to Establish the 2020 Tax Ratios, and to Establish the 2020 Tax Rates for the County Constituent Municipalities. Moved by: Councillor Ketchabaw Seconded by: Councillor French Resolved that By-Law No. 20-08 be now read a first, second and third time and finally passed. - Motion Carried. Page 18 March 10, 2020 14.2 By-law 20-09 – Fees and Charges BEING a By-law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin and to Repeal By-law No. 19-31. Moved by: Councillor Giguère Seconded by: Councillor Jones Resolved that By-Law No. 20-09 be now read a first, second and third time and finally passed. - Motion Carried. 14.3 By-law 20-10 – Land Division Committee Appointment BEING a By-law to Appoint a Land Division Committee and to Repeal By-law No.19-02. Moved by: Councillor McPhail Seconded by: Councillor Jones Resolved that By-Law No. 20-10 be now read a first, second and third time and finally passed. - Motion Carried. 14.4 By-law 20-11 – Municipal Modernization Program Transfer Payment Agreement BEING a By-law to Approve a Transfer Payment Agreement for the Municipal Modernization Program with Her Majesty the Queen in Right of the Province of Ontario as Represented by the Minister of Municipal Affairs and Housing to fund an Independent Third-Party Reviewer to Conduct a Service Delivery and Modernization Review and, further thereto, to Authorize the Warden and Chief Administrative Officer to Execute the said Transfer Payment Agreement on behalf of Elgin County. Moved by: Councillor French Seconded by: Councillor Giguère Resolved that By-Law No. 20-11 be now read a first, second and third time and finally passed. - Motion Carried. Page 19 March 10, 2020 14.5 By-law 20-12 – Confirming all Actions and Proceedings BEING a By-law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the March 10, 2020 Meeting. Moved by: Councillor Martyn Seconded by: Councillor Jones Resolved that By-Law No. 20-12 be now read a first, second and third time and finally passed. - Motion Carried. 15. ADJOURNMENT Moved by: Councillor French Seconded by: Councillor Jones Resolved that we do now adjourn at 12:11 p.m. to meet again on April 14, 2020 at the County Administration Building Council Chambers at 9:00 a.m. - Motion Carried. Julie Gonyou, Dave Mennill, Chief Administrative Officer. Warden. The Corporation of the Municipality of Bayham SALE OF SURPLUS EQUIPMENT TAKE NOTE that the Corporation of the Municipality of Bayham intends to dispose of surplus equipment via RFT 20-01 Sale of Surplus Equipment. Tenders must be submitted sealed in an envelope clearly marked RFT 20 -01 Sale of Surplus Equipment, not later than 11:00 A.M. Wednesday, April 8 , 2020 at the Municipality of Bayham Municipal Office located at 56169 Heritage Line. ITEMS AVAILABLE 1. 2008 Chevrolet Silverado • 5.3 V8 • Four Wheel Drive • Long Box • 313,822 Km • Flashing Light and Back Rack included • Hitch receiver 2. 2007 Dodge Pickup • 4.7 V8 • Long Box • 306,948 Km • Flashing light and Back Rack included • Hitch receiver • Tires bought in Spring of 2019 As all items will be released in ‘as seen’ ‘as is’ condition all Surplus Equipment shall be viewable at the Public Works Yard located at 8354 Plank Rd, Straffordville, ON by appointment by contacting the Road Operations Supervisor sadams@bayham.on.ca March 25, 2020 – 10:00 a.m. FOR IMMEDIATE RELEASE Regional intercommunity transit launch postponed TILLSONBURG— In response to the COVID-19 virus spread in Ontario, the launch of the new intercommunity transit service connecting the Town of Tillsonburg with London, Woodstock, Ingersoll and other smaller centres has been postponed until further notice. The new service was originally scheduled to begin on April 1. “In light of the current COVID-19 situation in our region, the Town is postponing the start of our new inter-community service,” says Mayor Stephen Molnar. “We continue to work proactively with regional and provincial partners and look forward to launching this valuable transportation service when it’s appropriate to do so.” In the meantime, T:GO bus service within Tillsonburg is continuing with enhanced cleaning and sanitation of high touch areas every hour. For more information Stay up to date on the Town’s COVID-19 response by visiting www.tillsonburg.ca/covid19 Health information is available through the Southwestern Public Health website (www.swpublichealth.ca) CONTACT: Stephen Molnar, Mayor Town of Tillsonburg smolnar@tillsonburg.ca 519.688.3009 x 4050 Kyle Pratt, CAO Town of Tillsonburg kpratt@tillsonburg.ca 519 688 3009 x 4000 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-027 A BY -LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN ABRAHAM AND ANITA FEHR AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45 (9.1) of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS Abraham and Anita Fehr are the owners of lands in Concession 9 Lot 6, known municipally as 11010 Culloden Road, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Council has passed Zoning By-law Z706-2020, including the requirement that the owners execute a development agreement for the two (2) supplementary farm dwellings as per policies of Section 2.1.10 the Official Plan and Section 45 of the Planning Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Abraham and Anita Fehr fixed hereto and forming part of this By-law and marked as Schedule “A”. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF APRIL 2020. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2020-028 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD APRIL 2, 2020 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held April 2, 2020 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 2nd day of April 2020. ____________________________ _____________________________ MAYOR CLERK